In the last couple of years there has been an explosion in filming throughout New York City almost daily. Crew members like production assistants can be seen running around, helping shut down traffic or detour pedestrians. They weave through the city streets exasperated on coffee runs or scramble around with walkie talkies in hand. As staples to the industry, these assistants have always worked long arduous hours for next to nothing. For decades it had been custom for production assistants in these entry level positions to grin and bear it especially if they wanted to get “a foot in the door” and move up in the field.
Even though production assistants work on these prestigious projects, there is nothing glamorous about working 12+ hour days and earning less than minimum wage. Most production assistants earn a day rate of around $100 starting work hours before “call time” and working way after the crews on set wrap up. These numbers unfortunately put them under the minimum wage and also highlight the fact that they aren’t offered overtime pay at time and a half what their regular hourly rate should be. Positions such as production assistants and other entry level positions at publishing houses, glossy magazines, and consulting groups are most often affected.
However, exploiting these workers may soon be a thing of the past. After new overtime rules go into effect on December 1, 2016, production assistants and other salaried entry level positions will be officially eligible to receive overtime pay. The overtime cut off that used to be capped at an annual salary of $23,660 will be increased to $47,476. If a worker earns $47,476 per year or less they must be eligible for overtime after December 1st of this year.
If you or anyone you know holds or has held a job title of a production assistant or a similar entry level assistant position at a production company, magazine, or publishing house and is unsure about how this new law will affect them, please have them call one of our experienced attorneys for a free phone consultation. One of our attorneys will be able to go into detail with you regarding your wage issues and current pay structure and what it should be under the law. Fitapelli & Schaffer is committed to fighting for the rights of hardworking individuals. You can reach us at (212) 300-0375 or visit us at fslawfirm.com.